Brian Lenihan Jnr (Dublin West, Fianna Fail)

Many of the Senators who spoke on Committee Stage agreed that absolute privilege should attach to statements made by the Judiciary in court and that is essential for the effective operation of the judicial arm of State. In Senator Regan's amendment the additional words are not necessary to qualify the performance of a judicial function but cast doubt on it and open an undesirable vista.

Senator Norris did not press the amendment on Committee Stage and was especially interested in the current status of the judicial council Bill. At that stage the Chief Justice had not replied to me about that Bill. I have since, however, received certain information from the Chief Justice and a working group has been established to advance the Bill, comprising a nominee of my Department and of the Chief Justice so I am optimistic that the Bill can be finalised.

Senator Norris makes the fair point that a code of ethics for judicial utterances can be formulated. It is a matter for the Judiciary to regulate its business under the Constitution but I have made clear to the Chief Justice that I believe that this is sensitive legislation which I look forward to introducing in this House and believe I will do so in the lifetime of the Government. We must be careful, however, to respect the independence of the Judiciary while ensuring that collective standards of discipline inform it.